Assembly Bill No. 484–Assemblywoman
Segerblom (by request)
March 11, 1999
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Referred to Committee on Government Affairs
SUMMARY—Extends powers of housing authorities to new types of development. (BDR 25-1513)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. Chapter 315 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 27, inclusive, of this act.1-3
Sec. 2. "Affiliate" means another party to an arrangement in which1-4
an authority participates by sharing ownership or governance. An1-5
affiliate is "controlled" if commissioners, officers, employees or agents of1-6
the authority constitute a majority of the governing body or the authority1-7
holds a majority of the ownership.1-8
Sec. 3. "Affordable housing" means dwelling units that may be1-9
rented or purchased by persons of eligible income with or without1-10
governmental assistance.1-11
Sec. 4. "Arrangement" means a legal relationship with an artificial1-12
person.1-13
Sec. 5. "Commissioner" means a member of the governing body of1-14
an authority.1-15
Sec. 6. "Community facility" means real and appurtenant personal1-16
property suitable for public recreation or education or to promote public1-17
health or welfare.2-1
Sec. 7. "Development" means:2-2
1. The actions and property described in NRS 315.440 and sections2-3
16 to 23, inclusive, of this act; or2-4
2. The acquisition or creation of mobile home parks and facilities,2-5
the rental or leasing of mobile home lots or the purchase, rental or2-6
leasing of mobile homes.2-7
Sec. 8. "Family" means a person or group of persons, whether or2-8
not including any children, whom an authority accepts for occupancy of2-9
a dwelling or to whom the authority provides other assistance.2-10
Sec. 9. "Guest" means a person, not a resident of the development2-11
or dwelling, who is present in the development or dwelling at the2-12
invitation, or with the consent or acquiescence, of a resident of the2-13
development or dwelling.2-14
Sec. 10. "Mixed-finance development" means a development2-15
financed both by private persons and by the federal, state or local2-16
government.2-17
Sec. 11. "Mixed-income development" means a development2-18
occupied both by persons of eligible income and by other persons.2-19
Sec. 12. "Mixed-use development" means a development that2-20
includes both residential and other uses.2-21
Sec. 13. "Person of eligible income" means:2-22
1. With respect to a development financed by the federal, state or2-23
local government, a person or member of a family whose income2-24
qualifies under the applicable program or, if there is no limit of income,2-25
a person or family whose income or assets qualify pursuant to subsection2-26
2; or2-27
2. With respect to other developments, a person or member of a2-28
family whose income or assets are insufficient without governmental2-29
assistance or undue hardship, taking into account all available2-30
resources, to purchase or rent decent, safe and sanitary dwellings of2-31
adequate size.2-32
Sec. 14. "Representative" means a commissioner, officer, employee2-33
or agent of an authority.2-34
Sec. 15. "Resident" means a person residing in a development with2-35
the consent of the authority and in accordance with its rules, procedures2-36
and policies.2-37
Sec. 16. 1. An authority may acquire an interest in real or2-38
personal property by gift, purchase, lease, exchange or eminent domain2-39
and may donate, sell, lease, exchange or otherwise dispose of any2-40
property.2-41
2. At and after the time of acquiring occupied property, an authority2-42
may allow an existing tenant to remain at the property upon terms that3-1
the authority considers appropriate, even if the tenant is not a person of3-2
eligible income.3-3
3. An authority may operate programs to increase ownership of3-4
homes by residents of its developments and other persons of eligible3-5
income.3-6
Sec. 17. An authority may:3-7
1. Finance its developments and their maintenance from any3-8
combination of public and private sources of revenue that may be3-9
available, and from the income of its own investments, as its3-10
commissioners deem appropriate.3-11
2. Enter into arrangements for mixed-finance development and3-12
provide financing for affordable housing owned wholly or in part by3-13
others.3-14
3. Carry out plans and agreements, and provide financial assistance3-15
to governmental agencies and private persons, whether or not organized3-16
for profit, to preserve, rehabilitate, maintain or procure existing3-17
affordable housing in safe, decent and sanitary condition and ensure its3-18
availability to persons of eligible income. The authority may establish or3-19
agree to exclusions from income in determining eligibility for this3-20
purpose.3-21
Sec. 18. 1. An authority may mortgage, pledge, or otherwise3-22
encumber or subject to a lien or security interest any real or personal3-23
property of the authority or in which it holds an interest, to secure:3-24
(a) Performance or the repayment of borrowed money by the3-25
authority, or a guarantee of repayment; or3-26
(b) Performance or repayment, or a guarantee of repayment, by an3-27
affiliate of the authority or by parties to an arrangement into which the3-28
authority has entered.3-29
2. No guarantee of indebtedness, mortgage or security interest given3-30
by an authority in connection with acquiring or renovating a3-31
development may unreasonably jeopardize the financial well-being of the3-32
authority as a whole or unreasonably expose to foreclosure or loss any3-33
property of the authority other than the development acquired or3-34
renovated with the money borrowed.3-35
Sec. 19. 1. For the purposes set forth in subsection 2, an authority3-36
may:3-37
(a) Lend on the security of a mortgage, or subsidize such a loan, to or3-38
for the benefit of a person of eligible income;3-39
(b) Act as a conduit, fiduciary, borrower or lender in a program to3-40
make financing available to persons of eligible income by purchasing3-41
mortgages given by them or encumbering housing for them;4-1
(c) Operate a program to provide financing for the creation and4-2
operation, or the purchase, of affordable housing through the use of4-3
federal or state tax credits or similar inducements;4-4
(d) Make or guarantee loans for the acquisition, construction,4-5
development or rehabilitation of housing for persons of eligible income4-6
or of mixed-income development;4-7
(e) Expend money to buy down rates of interest on mortgages or4-8
otherwise enhance the availability of financing by mortgage to persons of4-9
eligible income; and4-10
(f) Enter into and perform agreements and arrangements with4-11
financial institutions and other lenders.4-12
2. The purpose of the activities set forth in subsection 1 are to4-13
enhance the supply of financing:4-14
(a) By mortgage at rates and on terms affordable to persons of eligible4-15
income; and4-16
(b) At rates and upon terms sufficiently attractive to encourage the4-17
creation of housing for rent or purchase that is affordable to persons of4-18
eligible income.4-19
3. An authority may:4-20
(a) Establish fees, conditions of repayment and other appropriate4-21
terms and conditions with respect to assistance provided by it pursuant to4-22
this section; and4-23
(b) Make loans not secured by mortgage to a person or member of a4-24
family whose income does not exceed 150 percent of the income4-25
allowable under section 13 of this act.4-26
Sec. 20. An authority may:4-27
1. Forgive, compromise, or forbear from collecting or enforcing, in4-28
whole or in part, a debt or obligation owed to it.4-29
2. Administer programs to provide housing for rent, or assistance in4-30
relocation, on its own behalf or for others in its area of operation.4-31
Sec. 21. An authority may:4-32
1. Borrow money or accept a grant or other financial assistance from4-33
a private person and comply with otherwise lawful requirements and4-34
conditions attached to the provision of the loan or assistance.4-35
2. Enter into an arrangement with a private person, whether or not4-36
organized for profit, to acquire, create, manage or operate a residential4-37
development, including, without limitation, a mixed-income development,4-38
supply services to the residents of the development and perform all4-39
responsibilities under the arrangement.4-40
Sec. 22. An authority may:4-41
1. Manage or operate a residential development owned or controlled4-42
by another authority, a governmental agency or a private person,4-43
whether or not organized for profit;5-1
2. Allow the operation or management of a development in which the5-2
authority holds an interest by another authority, a governmental agency5-3
or a private person, whether or not organized for profit; and5-4
3. Allow the operation or management of a program, assistance or5-5
service of the authority other than a development by another authority, a5-6
governmental agency or a private person, whether or not organized for5-7
profit, or administer any such program, assistance or service on behalf of5-8
another authority or a governmental agency, upon such terms and for5-9
such compensation as may be agreed.5-10
Sec. 23. An authority may:5-11
1. Construct and operate facilities and programs and provide5-12
services, directly or through others, for the maintenance of safety and5-13
security and the protection of persons and property at or near its5-14
developments; and5-15
2. Make and enforce rules for those purposes, consistent with the5-16
provisions of NRS 315.011 to 315.071, inclusive.5-17
Sec. 24. An authority may:5-18
1. Purchase letters of credit, insurance for payment of bonds, or any5-19
other device to enhance its credit that would establish or increase the5-20
marketability of its bonds.5-21
2. Pay its obligations from revenues or repayments of principal from5-22
the development financed with the proceeds of the obligations, or5-23
additionally from a grant by the state or Federal Government or an5-24
agency of either, in aid of the development.5-25
3. Waive one or more of the powers granted in NRS 315.680 to5-26
315.730, inclusive, and sections 24 to 26, inclusive, of this act by a5-27
resolution adopted by the affirmative vote of a majority of its5-28
commissioners.5-29
Sec. 25. 1. An authority may borrow money, for any purpose for5-30
which it may issue bonds and within the authorized amount of a5-31
particular issue of bonds, by issuing notes in anticipation of the receipt of5-32
the proceeds of the bonds. An authority may also issue other notes,5-33
certificates of indebtedness, certificates of participation and other5-34
instruments for a purpose authorized by this chapter.5-35
2. A note in anticipation may be issued for not more than 5 years,5-36
and may be renewed for not more than 1 year, but each note must be5-37
paid not later than 5 years after the note was originally issued.5-38
3. A note or other instrument must be authorized by resolution of the5-39
commissioners, and may be in such denomination and bear such interest,5-40
or have such other incidents, as the resolution prescribes.5-41
4. A note or other instrument may be sold at public or private sale at5-42
such price or for such other consideration as the resolution prescribes.5-43
The consideration may be real or personal property and, if the note is a6-1
renewal note, it may be exchanged for such outstanding notes as the6-2
authority determines.6-3
5. An authority may issue bonds, notes, certificates or other6-4
instruments evidencing indebtedness or participation in ownership on6-5
behalf of others for any purpose authorized by this chapter.6-6
Sec. 26. In the issuance of bonds to be sold at public sale, the6-7
participating institution and the underwriter of the bonds are the agents6-8
of the authority for preparing all disclosures and ensuring compliance6-9
with all state and federal laws relating to the offering. The participating6-10
institution and the underwriter shall accept this appointment in writing6-11
and, unless indemnity is expressly waived by the authority, shall6-12
indemnify and hold harmless the authority and its representatives and6-13
the state and its agencies, and their respective officers and employees,6-14
from any claim, loss or damage resulting from failure to comply with6-15
state or federal law or from an inaccurate, incomplete, false or6-16
misleading statement contained in a disclosure, unless the content of the6-17
statement was provided to the participating institution or underwriter by6-18
the authority.6-19
Sec. 27. 1. An authority shall conduct its financial affairs in a6-20
prudent and sound manner.6-21
2. A guaranty or other instrument may not be given that provides for6-22
recourse against the property of an authority other than the development6-23
for whose financing it was given unless the commissioners adopt a6-24
resolution finding that giving the guaranty or instrument:6-25
(a) Is essential to obtain the financing with respect to which it is6-26
given;6-27
(b) Will not unreasonably expose the other property of the authority to6-28
loss or foreclosure;6-29
(c) Is commercially reasonable, taking into account the characteristics6-30
of the transaction and the relative benefits and potential costs to the6-31
authority; and6-32
(d) Is prudent and sound.6-33
Sec. 28. NRS 315.140 is hereby amended to read as follows: 315.140 NRS 315.140 to 315.780, inclusive, and sections 2 to 27,6-35
inclusive, of this act may be referred to as the Housing Authorities Law of6-36
1947.6-37
Sec. 29. NRS 315.150 is hereby amended to read as follows: 315.150 Unless the context otherwise requires, the definitions6-39
contained in NRS 315.160 to6-40
to 15, inclusive, of this act govern the construction of NRS 315.140 to6-41
315.780, inclusive7-1
Sec. 30. NRS 315.320 is hereby amended to read as follows: 315.320 1. In each city, town or county of the state there is hereby7-3
created a public body corporate and politic to be known as the housing7-4
authority of the city, town or county; but7-5
authority may not transact any business or exercise its powers7-6
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body of the city, town or county, as the case may be, by proper resolution7-8
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authority to function in7-10
2.7-11
corporate for municipal purposes and7-12
3. Revenue or other income of an authority may not be applied to7-13
any purpose other than those authorized pursuant to NRS 315.140 to7-14
315.780, inclusive, and sections 2 to 27, inclusive of this act.7-15
4. A noncontrolled affiliate of an authority does not become a public7-16
agency by virtue of the affiliation and is not subject to any law relating to7-17
local governments or other public agencies, including, without limitation,7-18
those laws relating to public employment, procurement and records.7-19
Sec. 31. NRS 315.430 is hereby amended to read as follows: 315.430 An authority may:7-21
1. Sue and be sued.7-22
2. Have a seal and alter the7-23
3. Have perpetual succession.7-24
4. Make and execute contracts and other instruments , including,7-25
without limitation, agreements with public agencies as defined in NRS7-26
277.100, necessary or convenient to the exercise of its powers7-27
outside its area of operation.7-28
5. Make, and from time to time amend , restate and repeal bylaws,7-29
rules and regulations to carry into effect the powers and purposes of the7-30
authority.7-31
Sec. 32. NRS 315.440 is hereby amended to read as follows: 315.4407-33
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1. An authority may plan, carry out, acquire, renovate, enlarge,8-2
reduce, manage and operate residential, nonresidential and mixed-use8-3
developments, including, without limitation:8-4
(a) Preparation of the site and construction of improvements;8-5
(b) Demolition or removal of buildings and other improvements from8-6
land situated in a blighted area or slum; and8-7
(c) Financing of affordable housing that is decent, safe and sanitary8-8
and of other improvements described in subsection 2.8-9
2. A development may include:8-10
(a) Manufactured or modular housing, utilities and other8-11
improvements related to the housing;8-12
(b) Land, leaseholds, easements, licenses and other rights to the use8-13
and occupancy of land;8-14
(c) Common areas, streets, sidewalks, bicycle paths, drainage, parking8-15
facilities, street lighting and landscaping;8-16
(d) Community facilities, such as playgrounds, parks and other8-17
facilities for sport or recreation of the residents and their guests;8-18
(e) Community facilities to provide educational, vocational or training8-19
programs and supportive services to the residents; and8-20
(f) Appropriate commercial and other nonresidential facilities.8-21
Sec. 33. NRS 315.450 is hereby amended to read as follows: 315.450 An authority may:8-23
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governmental agency to provide, or use its property to provide, services or8-38
financial or other contributions to enhance the social and economic well-8-39
being of residents and other persons of eligible income;8-40
2. Create and operate accounts for the benefit of persons and8-41
families participating in programs to enhance the economic self-8-42
sufficiency of persons and families;9-1
3. Award scholarships and conduct or provide for programs of9-2
education and training; and9-3
4. Collect fees or seek reimbursement of the costs for programs or9-4
services provided pursuant to this section.9-5
Sec. 34. NRS 315.470 is hereby amended to read as follows: 315.470 An authority may:9-7
1. Invest any funds held in reserves or sinking funds, or any funds not9-8
required for immediate disbursement, in9-9
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pursuant to chapter 355 of NRS;9-28
2. Redeem its bonds at the redemption price established therein or9-29
purchase its bonds9-30
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as it finds acceptable; and9-32
3. Enter into agreements with responsible agents for investment9-33
upon such terms and conditions as its commissioners deem9-35
but no investment may be made that is highly speculative or involves a9-36
high degree of foreseeable risk.9-37
Sec. 35. NRS 315.480 is hereby amended to read as follows: 315.480 An authority may exercise all or any part or combination of9-39
powers granted in NRS 315.420 to 315.470, inclusive9-40
to 26, inclusive, of this act.9-41
Sec. 36. NRS 315.500 is hereby amended to read as follows: 315.5009-43
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1. Rent or lease dwellings, facilities or other real property it owns or10-21
possesses, or has a contractual right to rent or lease, upon such terms10-22
and for such rentals as it determines are appropriate.10-23
2. Base its rents on family income, adjusted as appropriate, and set10-24
minimum or maximum rents. The rents may differ between separate10-25
developments of the authority.10-26
3. Establish other standards or conditions as to rental that its10-27
commissioners determine are appropriate.10-28
Sec. 37. NRS 315.510 is hereby amended to read as follows:10-29
315.51010-30
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1. An authority shall, after determining eligibility, establish a11-7
preference in the selection of tenants at least to the following extent.11-8
First preference must be given to families of disabled veterans whose11-9
disability has been determined by the Department of Veterans Affairs to be11-10
service connected, and second preference must be given to families of11-11
deceased veterans and servicemen whose death has been determined by the11-12
Department of Veterans Affairs to be service connected.11-13
2.11-14
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requirements for eligibility for assistance provided or administered by it11-32
that may relate to income, work or employment, child care, education,11-33
training for work and self-sufficiency of a person or member of a family.11-34
The authority may also apply these criteria and requirements when11-35
determining the amount and duration of the assistance provided.11-36
3. The criteria may include preference for persons who are employed11-37
or for families that include at least one member who is employed. The11-38
authority may establish exclusions from income as necessary to apply11-39
these preferences to persons who are employed.11-40
Sec. 38. NRS 315.530 is hereby amended to read as follows: 315.53011-42
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1. An authority may form and operate one or more nonprofit12-13
corporations and enter into other arrangements in connection with the12-14
exercise of any of its powers. Participation in any such arrangement with12-15
a natural person or nongovernmental entity does not render an activity of12-16
an authority proprietary or deprive the authority of any privilege or12-17
immunity.12-18
2. An authority may function in an arrangement as a partner or12-19
other part-owner or as an investor, lender or guarantor and may exercise12-20
such rights and undertake such obligations as its commissioners12-21
determine to be appropriate.12-22
Sec. 39. NRS 315.540 is hereby amended to read as follows: 315.54012-24
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1. The real and personal property of an authority and a controlled12-29
affiliate thereof is exempt from all property taxes and special12-30
assessments. Property owned jointly by an authority or its controlled12-31
affiliate and a natural person or nongovernmental entity is so exempt to12-32
the extent of the interest held by the authority or affiliate in the property.12-33
2. An authority and its controlled affiliates may agree to make12-34
payments in lieu of taxes or special assessments, or both, to the city or12-35
county in which a development is wholly or partly located, for12-36
improvements, services and facilities provided by the city or county, but12-37
any such payments must not exceed the amounts payable as taxes and12-38
special assessments if the property were not exempt pursuant to12-39
subsection 1.12-40
Sec. 40. NRS 315.560 is hereby amended to read as follows: 315.56012-42
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1. Borrow money or accept a grant or other financial assistance from13-30
this state, local subdivisions thereof or the Federal Government in13-31
connection with any program pursuant to this chapter, take all actions13-32
necessary to comply with the requirements of a state or federal program13-33
of assistance to authorities and perform any obligation required under its13-34
agreement or by state or federal law to obtain the loan or assistance.13-35
2. Assume, lease or manage a development or undertaking13-36
constructed or owned by the state or the Federal Government.13-37
3. Participate in a plan or program of the state or the Federal13-38
Government that provides revenues to carry out the activities authorized13-39
by this chapter.13-40
4. Operate or administer a program of rental assistance for itself or13-41
on behalf of others.13-42
Sec. 41. NRS 315.600 is hereby amended to read as follows: 315.600 1. An authority14-1
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their terms and conditions for any purpose allowed pursuant to this14-6
chapter and may issue refunding or advance refunding bonds to pay or14-7
retire bonds previously issued. NRS 315.600 to 315.780, inclusive, and14-8
sections 24 to 26, inclusive, of this act constitute full and complete14-9
authority for the issuance, delivery and sale of bonds pursuant to this14-10
chapter without reference to or compliance with any other statute of this14-11
state.14-12
2. Bonds of an authority must be authorized by a resolution adopted14-13
by the vote of a majority of its commissioners.14-14
Sec. 42. NRS 315.610 is hereby amended to read as follows: 315.610 1.14-16
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issued in one or more series, and must:14-29
(a) Bear such dates;14-30
(b) Mature at such times;14-31
(c) Bear interest at such rates;14-32
(d) Be in such denominations;14-33
(e) Be in coupon or registered form;14-34
(f) Carry such privileges of conversion or registration;14-35
(g) Have such rank or priority;14-36
(h) Be executed in such manner;14-37
(i) Be payable in such medium of payment and at such places; and14-38
(j) Be subject to such terms of redemption, with or without14-40
as the resolution, or a trust indenture or mortgage, may provide.14-41
2. The resolution may provide for the issuance of zero-coupon bonds14-42
or bonds subject to federal taxation of interest.14-43
Sec. 43. NRS 315.620 is hereby amended to read as follows:15-1
315.620 1. Neither the commissioners of an authority nor any person15-2
executing15-3
bonds by reason of the issuance thereof.15-4
2. The bonds and other15-5
not, and must state on their face that they are not, a debt of the city, the15-6
county, the state or any other political subdivision thereof, and , unless15-7
liability is assumed by agreement and specifically provided in the bonds,15-8
neither the city, the county, the state nor any other political subdivision15-9
thereof is liable thereon, nor15-10
payable out of any funds or properties other than those of the authority.15-11
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3. Unless liability on the part of this state or a political subdivision15-13
thereof is assumed by agreement, the bonds do not constitute an15-14
indebtedness within the meaning of any constitutional or statutory debt15-15
limitation or restriction.15-16
Sec. 44. NRS 315.640 is hereby amended to read as follows: 315.640 1. The bonds may be sold at public15-18
after such prior notice as the resolution may provide, or the resolution15-19
may authorize sale by negotiation or at private sale without prior notice.15-20
2. The resolution may provide for sale at par or at a specified15-21
discount or premium.15-22
3. An authority may enter into agreements with third parties for the15-23
marketing of its bonds.15-24
Sec. 45. NRS 315.660 is hereby amended to read as follows: 315.660 1. No action or proceeding involving the validity or15-26
enforceability of a bond of an authority may be commenced after the15-27
delivery of the bond.15-28
2. In any15-29
enforceability of any bond of an authority or the security therefor, any such15-30
bond reciting in substance that it has been issued by the authority to aid in15-31
financing a15-32
activity pursuant to this chapter is conclusively deemed to have been15-33
issued for15-34
activity is conclusively deemed to have been planned, located, and carried15-35
out in accordance with the purposes and provisions of15-36
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Sec. 46. NRS 315.670 is hereby amended to read as follows: 315.670 In connection with the issuance of bonds or the incurring of15-39
obligations under leases and in order to secure the payment of such bonds15-40
or obligations, an authority, in addition to its other powers, has the powers15-41
conferred by NRS 315.680 to 315.740, inclusive15-42
26, inclusive, of this act.15-43
Sec. 47. NRS 315.690 is hereby amended to read as follows:16-1
315.690 An authority may:16-2
1. Covenant against pledging all or any part of its rents, fees and16-3
revenues, or against mortgaging all or any part of its real or personal16-4
property, to which its right or title then exists or may thereafter come into16-5
existence, or against permitting or suffering any lien on such revenues or16-6
property.16-7
2. Covenant with respect to limitations on its right to sell, lease or16-8
otherwise dispose of16-9
thereof.16-10
3. Covenant as to what other16-11
be incurred by it.16-12
4. Covenant as to the bonds to be issued and as to the issuance of16-13
16-14
of the proceeds thereof.16-15
5. Provide for the replacement of lost, destroyed or mutilated bonds.16-16
6. Covenant against extending the time for the payment of its bonds or16-17
interest thereon.16-18
7. Covenant for the redemption of the bonds, and to provide the terms16-19
and conditions thereof.16-20
Sec. 48. NRS 315.700 is hereby amended to read as follows: 315.700 An authority may:16-22
1. Covenant ,16-23
to 315.780, inclusive16-24
the rents and fees to be charged in the operation of16-25
16-26
other period of time by rents, fees and other revenues, and as to the use and16-27
disposition to be made thereof.16-28
2. Create or authorize the creation of special funds for16-29
money to be held for construction or operating costs, debt service, reserves16-30
or other purposes, and covenant as to the use and disposition of the16-31
16-32
Sec. 49. NRS 315.730 is hereby amended to read as follows: 315.730 An authority may:16-34
1. Vest in16-35
proportion of the holders of its bonds, the right to enforce the payment of16-36
the bonds or any covenants securing or relating to the bonds.16-37
2. Vest in16-38
one or more trustees the right, in the event of a default by the authority, to16-39
take possession of and use, operate and manage16-40
16-41
16-42
16-43
authority with17-1
3. Provide for the powers and duties of17-2
and limit the liabilities thereof.17-3
4. Provide the terms and conditions upon which17-4
trustees or the holders of a specified proportion of its bonds may enforce17-5
any covenant or rights securing or relating to the bonds.17-6
Sec. 50. NRS 315.760 is hereby amended to read as follows: 315.760 1. The state and all public officers, municipal corporations,17-8
political subdivisions, and public bodies, all banks, bankers, trust17-9
companies, savings banks and institutions, investment companies,17-10
insurance companies, insurance associations and other persons carrying on17-11
a banking or insurance business, and all executors, administrators,17-12
guardians, trustees, and other fiduciaries may legally invest any sinking17-13
17-14
within their control in any bonds or other obligations issued by17-15
17-16
17-17
17-18
17-19
17-20
authorized security for all public deposits17-21
state .17-22
2. It is the purpose of the Housing Authorities Law of 1947 to17-23
authorize any of the foregoing to use any funds owned or controlled by17-24
them, including17-25
insurance, investment, retirement, compensation, pension17-26
funds, and funds held on deposit, for the purchase of any such bonds or17-27
other obligations .17-28
17-29
any person, firm or corporation from any duty of exercising reasonable17-30
care in selecting securities.17-31
17-32
17-33
Sec. 51. NRS 315.780 is hereby amended to read as follows: 315.780 By its resolution, trust indenture, mortgage, lease or other17-35
contract, an authority may confer upon any obligee holding or representing17-36
a specified amount in bonds,17-37
17-38
determines are necessary or desirable to generate revenues or otherwise17-39
further its purposes. These rights are exercisable upon the happening of17-40
an event of default as defined in17-41
17-42
any court of competent jurisdiction:18-1
1. To cause possession of18-2
part thereof to be surrendered to any such obligee.18-3
2. To obtain the appointment of a receiver of18-4
18-5
profits therefrom. If the receiver18-6
possession of18-7
operate and maintain it, collect and receive all fees, rents, revenues or other18-8
charges thereafter arising therefrom, and shall keep such18-9
in a separate account or accounts and apply18-10
with the obligations of the authority as the court shall direct.18-11
3. To require the authority to account as if it were the trustees of an18-12
express trust.18-13
4. To obtain a judgment for any deficiency remaining after the18-14
foreclosure and sale of the security for an obligation. Except with respect18-15
to property developed with money provided by the Federal Government,18-16
unless the Federal Government otherwise authorizes, the judgment is a18-17
lien upon the property of the authority and may be enforced by18-18
execution. The authority or the city or county with respect to which it is18-19
established may purchase the property sold upon the execution, may cure18-20
the default before execution or may take any other step necessary to18-21
protect the public interest or the property of the authority.18-22
Sec. 52. NRS 315.988 is hereby amended to read as follows: 315.988 1. The state authority may exercise all or any part or18-24
combination of the powers granted to local housing authorities in NRS18-25
315.45018-26
with contracts, property, investments and related matters.18-27
2. The provisions of NRS 315.560, 315.570 and 315.600 to 315.780,18-28
inclusive, and sections 16 to 26, inclusive, of this act concerning powers18-29
of local housing authorities with respect to federal aid, housing in rural18-30
areas, bond financing and related matters apply to the state authority in the18-31
same manner and to the same extent as they apply to local authorities.18-32
Sec. 53. NRS 350A.095 is hereby amended to read as follows: 350A.095 "Revenue securities" means notes, warrants, interim18-34
debentures, bonds and temporary bonds validly issued by a municipality as18-35
obligations for a purpose related to any undertaking which the municipality18-36
is authorized to complete and which are payable from:18-37
1. The revenues of one or more such undertakings;18-38
2. Taxes levied by or on behalf of the municipality for revenues18-39
pledged by the municipality which are not derived from a project; or18-40
3. Any combination of those revenues and taxes.18-41
The term does not include municipal securities or obligations issued18-42
pursuant to the provisions of NRS 244A.669 to 244A.763, inclusive,19-1
268.512 to 268.568, inclusive, or 315.140 to 315.780, inclusive19-2
sections 2 to 27, inclusive, of this act.19-3
Sec. 54. NRS 315.230, 315.260, 315.300, 315.310, 315.460, 315.520,19-4
315.580, 315.590 and 315.630 are hereby repealed.
19-5
LEADLINES OF REPEALED SECTIONS315.230 "Housing project" defined. 315.260 "Persons of low income" defined. 315.300 "Veteran" and "serviceman" defined. 315.310 Exemption of real property from execution, process and
19-10
judgment lien: Enforcement of certain encumbrances, pledges and19-11
liens. 315.460 Powers relating to real and personal property. 315.520 Remedies of authority’s obligee: Effect of NRS 315.50019-14
and 315.510. 315.580 Housing for veterans and servicemen. 315.590 Lease of government war housing projects by authority. 315.630 Resolution authorizing bonds: Contents.~